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Commune de Morsang-sur-Orge v.   Société Fun Production et M. Wackenheim , n° 136727, Conseil d'Etat, 27 octobre 1995, AJDA 1995 Jurisprudence p. 942

Facts: the company Fun Production and M. Wackenheim were the first plaintiffs in the case. They complained that the Decree issued by the mayor of the city of Morsang-sur-Orge, which forbade the "throwing of midgets" in shows in clubs, was illegal because it violated the freedom of work, commerce and industry.

Procedure: the Administrative Tribunal of Versailles cancelled the Decree of the mayor of the city of Morsang-sur-Orge and sentenced the city to pay the plaintiffs the company Fun Production and M. Wackenheim the amount of 10,000 francs. The city appealed that decision to the Conseil d'Etat, which overruled it and ruled that the Decree of the mayor was legal and valid.

Reasoning: pursuant to article L. 131-2 of the Code of Towns, "the municipal police has to maintain the order, the safeness, the security and the public salubrity". The respect of the dignity of human individuals falls under the "public order" legitimate goal pursued by the municipal police. Therefore the mayor of the city of Morsang-sur-Orge, who has the police power, could legally enact a municipal Decree forbidding the show of "throwing midgets" in a club of the city on the ground that it violated the human dignity of the midgets. Throwing midgets, even for a show aiming at entertaining people, is indeed considered as using as a projectile a human being affected with a physical disability. This violation of human dignity overweighed the principle of freedom of work, commerce and industry in this case.

 

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